FINRA Rule Filings to Amend FINRA Code of Arbitration

Pursuant to EDGA/EDGX Exchange Rule 9.1, "[t]he 12000 and 13000 Series of FINRA’s Manual, the Code of Arbitration Procedure for Customer and Industry Disputes, respectively (“FINRA Code of Arbitration”), as the same may be in effect from time to time, except as may be specified in ... Chapter IX, for every claim, dispute or controversy arising out of or in connection with matters eligible for submission under Rule 9.2 (“Exchange arbitrations”).  For purposes of Exchange arbitrations, defined terms used in ... Chapter IX and not otherwise defined ... [in Chapter IX] shall have the same meaning as those prescribed in the FINRA Code of Arbitration, and procedures contained in the FINRA Code of Arbitration shall have the same application as toward Exchange arbitrations.  Members shall comply with any FINRA rules and interpretations thereof incorporated by reference as if such rules and interpretations were part of the Exchange’s Rules."

As a result of EDGA/EDGX Exchange Rule 9.1, changes to the FINRA Code of Arbitration could have an impact on arbitrations conducted under the EDGA/EDGX Exchange rules. Accordingly, below are links to pending FINRA rule filings with the SEC seeking to amend the FINRA Code of Arbitration
as well as any SEC orders approving or disapproving those FINRA rule filings.


SR-FINRA-2014-028
Proposed Rule Change Relating to Revisions to the Definitions of Non-Public Arbitrator and Public Arbitrator.

SR-FINRA-2014-026
Proposed rule change to amend the Codes of Arbitration Procedure to increase arbitrator honoraria by increasing arbitration filing fees, member surcharges and process fees and hearing session fees.
Extension No. 1


SR-FINRA-2014-008
Proposed rule change relating to protecting personal confidential information in documents filed with FINRA Dispute Resolution.
Amendment No. 1 and Response to Comments
Approval Order   


SR-FINRA-2014-005
Proposed Rule Change to Amend Rules 12104 and 13104 to Broaden Arbitrators' Authority to Make Referrals During an Arbitration Proceeding.
Amendment No. 1 and Response to Comments
Notice of Filing of Partial Amendment No. 1 and Order Instituting Proceedings


SR-FINRA-2013-024
Proposed Rule Change to Amend the Discovery Guide Used in Customer Arbitration Proceedings.
Amendment No. 1 and Response to Comments
Approval Order

SR-FINRA-2013-023
Proposed Rule Change to Amend FINRA Rule 12403 of the Code of Arbitration Procedure for Customer Disputes to Simplify Arbitrator Selection in Cases with Three Arbitrators.
Approval Order


SR-FINRA-2013-003
Proposed Rule Change to Amend FINRA's Customer and Industry Codes of Arbitration Procedure to Revise the Public Arbitrator Definition.
Approval Order


SR-FINRA-2012-041
Proposed rule change to amend FINRA's Customer and Industry Codes of Arbitration Procedure relating to subpoenas and to arbitrator authority to direct appearances of associated person witnesses and production of documents without subpoenas.
Approval Order


SR-FINRA-2012-040
Proposed Rule Change to Amend FINRA Dispute Resolution’s By-Laws to Clarify That Services Provided by Mediators Should Not Cause Them to Be Classified as Industry Members under the By-Laws
Approval Order


SR-FINRA-2012-027
Proposed Rule Change to Update Cross-References Within Certain FINRA Rules and to Make Non-Substantive Technical Changes to Certain FINRA and NASD Rules, including FINRA Rule 13204 (Class Action & Collective Actions Claims)
Notice of Filing and Immediate Effectiveness


SR-FINRA-2012-012
Proposed Rule Change to Amend FINRA's Customer and Industry Codes of Arbitration Procedure to Raise the Limit for Simplified Arbitration from $25,000 to $50,000
Approval Order


SR-FINRA-2011-075
Proposed Rule Change to Amend Rule 13204 of the Industry Code to Preclude Collective Action Claims From Being Arbitrated Under the Industry Code
Approval Order


SR-FINRA-2011-067
Proposed Rule Change to Amend the Industry Code of Arbitration Procedure Relating to Whistleblower Claims in Arbitration
Approval Order


SR-FINRA-2011-006
Proposed Rule Change to Amend the Customer and Industry Codes of Arbitration Procedure Relating to Motion Practice.
Approval Order


SR-FINRA-2011-005
Proposed Rule Change to Amend Rule 13806 to Provide for Appointment of Chair-Qualified Public Arbitrators in Promissory Note Disputes
Approval Order


SR-FINRA-2010-053
Proposed Rule Change to Amend the Panel Composition Rule, and Related Rules, of the Code Of Arbitration Procedure for Customer Disputes (“Customer Code”), to Provide Customers With the Option to Choose an All Public Arbitration Panel In All Cases
Approval Order


SR-FINRA-2010-050
The Proposed Rule Change Amends the Codes of Arbitration Procedure to Update the Rules Relating to Online Filing of Arbitration Claims
Notice of Filing and Immediate Effectiveness


SR-FINRA-2010-036 
Proposed Rule Change to Amend the Arbitration Codes to Permit Arbitrators to Make Referrals During an Arbitration Proceeding
Withdrawal of Proposed Rule Change


SR-FINRA-2010-035
Proposed Rule Change to Amend the Discovery Guide and to Make Other Conforming Changes to Rules in the Arbitration Codes
Approval Order


Text of Proposed Rule Change
The Financial Industry Regulatory Authority, Inc. (FINRA) is filing with the Securities and Exchange Commission (SEC or Commission) a proposed rule change to amend FINRA Rules 12403 and 12404 of the Code of Arbitration Procedure for Customer Disputes (Customer Code) and Rules 13403 and 13404 of the Code of Arbitration Procedure for Industry Disputes (Industry Code) to increase the number of arbitrators on each list generated by the Neutral list Selection System.
Approval Order


Text of Proposed Rule Change
The Financial Industry Regulatory Authority, Inc. ("FINRA") (f/k/a National Association of Securities Dealers, Inc. ("NASD")) is filing with the Securities and Exchange Commission ("SEC" or "Commission") a proposed rule change to amend Rule 12602 of the Code of Arbitration Procedure for Customer Disputes ("Customer Code") and Rule 13602 of the Code of Arbitration Procedure for Industry Disputes ("Industry Code") (together, "Codes") to provide that a non-party witness may be represented by an attorney at an arbitration hearing while the witness is testifying.
Approval Order


Text of Proposed Rule Change
Proposed Amendments to Postponement Fee Rule and Hearing Session Fee Rule under the Arbitration Codes
Approval Order


Text of Proposed Rule Change
Proposed Rule Changes to Amend Rules 12307 and 13307 of the Customer and Industry Codes to Clarify the Date of Filing of an Arbitration Claim Once a Deficiency is Corrected
Approval Order


Text of Proposed Rule Change
Proposed Rule Change to Amend Rules 12213 and 13213 of the Customer and Industry Codes to Expand the Criteria for Selecting a Hearing Location for an Arbitration Proceeding
Approval Order


Text of Proposed Rule Change
Proposed Rule Change to Amend the Definition of "Associated Person," Streamline a Case Administration Procedure, and Clarify that Customers Could be Assessed Hearing Fees Based on Their Own Claims for Relief in Connection with an Industry Claim.
Approval Order


Text of Proposed Rule Change
The Financial Industry Regulatory Authority, Inc. ("FINRA") (f/k/a National Association of Securities Dealers, Inc. ("NASD")) is filing with the Securities and Exchange Commission ("SEC" or "Commission") a proposed rule change to amend various rules of the Code of Arbitration Procedure for Customer Disputes ("Customer Code") and the Code of Arbitration Procedure for Industry Disputes ("Industry Code") (collectively "Codes") to correct typographical errors and implement other non-substantive technical changes.
Notice of Filing and Immediate Effectiveness


Text of Proposed Rule Change
The Financial Industry Regulatory Authority, Inc. ("FINRA") (f/k/a National Association of Securities Dealers, Inc. ("NASD")) is filing with the Securities and Exchange Commission ("SEC" or "Commission") a proposed rule change to: adopt Rule 13806 of the Code of Arbitration Procedure for Industry Disputes ("Industry Code") to establish procedures to expedite the administration of promissory note cases; and amend Rules 13214 and 13600 of the Industry Code to make conforming changes.
Approval Order


Text of Proposed Rule Changes
The Financial Industry Regulatory Authority, Inc. ("FINRA") (f/k/a National Association of Securities Dealers, Inc. ("NASD")) is filing with the Securities and Exchange Commission ("SEC" or "Commission") a proposed rule change to amend Rules 12206 and 13206 of the Code of Arbitration Procedure for Customer Disputes ("Customer Code") and the Code of Arbitration Procedure for Industry Disputes ("Industry Code"), respectively, to clarify that the rules toll the applicable statutes of limitation when a person files an arbitration claim with FINRA.
Approval Order


Text of Proposed Rule Change
Proposed Rule Change to Adopt Rule 12805 of the NASD Code of Arbitration Procedure for Customer Disputes and Rule 13805 of the NASD Code of Arbitration Procedure for Industry Disputes as FINRA Rules into a Consolidated Rulebook.
Notice of Filing and Immediate Effectiveness


Text of Proposed Rule Change
Proposed Rule Change to Amend Rules 12214, 12514 and 12904 of the Code of Arbitration Procedure for Customer Disputes and Rules 13214, 13514 and 13904 of the Code of Arbitration Procedure for Industry Disputes to Require Arbitrators to Provide an Explained Decision upon the Joint Request of the Parties.
Approval Order


Text of Proposed Rule Change
Proposed Rule Change to Amend Rule 12401 of the Customer Code and Rule 13401 of the Industry Code to Raise the Amount in Controversy Heard by a Single Chair-qualified Arbitrator to $100,000.
Approval Order




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